There might come a point in life where managing financial affairs or making decisions about health and welfare becomes challenging due to unforeseen events like accidents, strokes, dementia, or other conditions affecting mental capacity. Without an LPA, your family lacks automatic legal authority, compelling them to undergo potentially arduous and costly court proceedings.

According to the Mental Capacity Act, a person is unable to make a particular decision if they’re incapable of one or more of the following:


• Understanding information given to them.
• Retaining information long enough to decide.
• Weighing up the information available to make decisions.
• Communicating their decision – this could be by talking, sign language or even simple muscle movements such as blinking an eye or squeezing a hand.

Creating an LPA is a vital aspect of thoughtful future planning and can only be established while mental capacity is intact. Unlike an ordinary power of attorney, an LPA remains effective even if mental capacity diminishes.

For each type of LPA, it is crucial to select adult attorneys who not only merit your trust but also demonstrate the skills and capability to act in your best interests. Generally, appointing at least two attorneys or an attorney and a replacement is advisable to ensure continuity of representation. For Property and Financial Affairs LPAs, selected attorneys must not be bankrupt. While you can appoint a spouse or civil partner, it’s essential to note that this appointment automatically revokes if the marriage or civil partnership concludes. Additionally, the option to appoint a professional, such as a lawyer or accountant, as an attorney is available.

No, LPAs cannot be altered once they are created, even if not yet registered. If circumstances evolve, you’ll need to initiate the process of cancelling the original LPA and create a new one that aligns with your current situation.

Yes, you have the flexibility to cancel an LPA at any point before or after its registration, provided you possess the mental capacity to make this decision. In the event your LPA has been registered, informing the Office of the Public Guardian about your decision to cancel is necessary for its removal from their register.

While both types of LPAs are recognised in England and Wales, their acceptance in other countries varies. The validity of an LPA in another country is contingent upon the specific country and the receiving institution’s policies regarding such documents.

Charity Age UK emphasises that there is no predetermined age at which one should consider creating a Power of Attorney. Young individuals may face capacity challenges due to accidents, and those diagnosed with conditions likely to cause loss of capacity should proactively plan for decision-making in their stead.
Regardless of health, everyone should consider a Lasting Power of Attorney. Anyone over 18 can set it up – you don’t need to be unwell.